Man Who Stole Toys Won't Return To Jail

Donald Arthur Dwyer Was Sentenced To Probation For Stealing From Toys For Tots.

July 13, 1999|By Ludmilla Lelis of The Sentinel Staff

DAYTONA BEACH - A volunteer firefighter convicted of stealing Christmas toys from a charity won't go back to jail for the crime.

Donald Arthur Dwyer, 62, was sentenced Monday to two years of probation for grand theft of Barbie dolls, Teletubbies and other Christmas gifts donated for the Turnbull Volunteer Firefighter Association's annual Toys for Tots drive.

Circuit Judge Richard B. Orfinger credited Dwyer for the jail time he had already served, 28 days, and withheld a finding of guilt against the retired police officer and firefighter.

Court records show Dwyer has no prior criminal record.

Orfinger barred Dwyer from volunteer work where he would have access to money or donated items. Dwyer must also pay $258 in court costs and serve 50 hours of community service.

Orfinger imposed the sentence after denying Dwyer a new trial.

Dwyer, who headed the toy drive, was arrested three days before Christmas last year after investigators found dozens of toys at his 1166 Elizabeth St. house. Several toys had been wrapped and placed under a Christmas tree for Dwyer's grandchildren.

Though he admitted taking toys, he tried to defend himself by saying that he thought he was entitled to toys for all the time and hard work he gave as a volunteer. A Volusia jury didn't believe Dwyer's story and found him guilty of grand theft June 16.

The judge told Dwyer on Monday that he was misguided in thinking he had a right to the toys and criticized him for violating the public's trust and contributing to the rampant cynicism in society.

``I don't doubt that he felt he volunteered diligently for the toy drive, but no objective observer would believe that Dwyer had a right to those toys,'' Orfinger said after the hearing.

Two people had written Orfinger asking for leniency in the sentence. Both letter writers - Edward A. Lehane, a counselor for the Texas Rehabilitation Commission, and the Rev. Charles E. Shelley of Merrimac, Mass. - praised Dwyer's character and his former career as a Massachusetts police officer and firefighter.